Return and Refund Policy
14-day right of withdrawal, exclusions, return costs and refunds
Summary
This page explains if, when and how goods bought from ElectroQuell can be returned, and how refunds are made. It applies to purchases made through our online shop at www.electroquell.de and to orders placed by quotation. Nothing in this policy limits the rights you have under mandatory law.
| Question | Answer |
|---|---|
| Who can return goods without giving a reason? | Consumers, and sole traders buying outside their professional activity (see section 2). Business customers do not have a statutory right of return (see section 7). |
| Return window | 14 calendar days from the day you (or a person you named) received the goods. |
| Condition of goods | Unused, complete, in original packaging where possible, with all accessories and documents. You may inspect the goods as you would in a shop; use beyond that may reduce your refund. |
| How to start a return | E-mail info@electroquell.de (or post a letter) stating that you withdraw from the contract. You may use the model form in Annex 1. |
| Who pays return shipping | You bear the direct cost of returning the goods. Generating sets ship as freight and cannot be returned by normal post; indicative return freight costs are given in section 5. |
| Refund method and timing | Refund to the original payment method within 14 days of receiving your withdrawal notice. We may hold the refund until we receive the goods or proof that you sent them. |
| Excluded from return | Goods manufactured, configured or modified to your specification or individual needs (custom-built generating sets and accessories); goods with a running-hours counter that has been operated beyond a test start; consumables and fluids that have been opened or used. See section 3. |
| Exchanges | We do not run a formal exchange programme. Withdraw and place a new order, or contact us to agree a swap. |
| Faulty or damaged goods | Handled separately under our Warranty and Complaints Policy. We bear the costs of remedying non-conforming goods. |
1. Who we are
Wensday Invest Sp. z o.o.
Trading as: ElectroQuell
Registered address: ul. Święty Marcin 29/8, 61-806 Poznań, Poland
NIP / EU VAT ID: PL 7831870813 · REGON: 523967958
Registration: National Court Register (KRS) no. 0001008813, District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital PLN 5,000
Represented by: Karol Półtorak, President of the Management Board
E-mail: info@electroquell.de · Telephone: +49 176 82370794
Website: www.electroquell.de
Goods are returned to the return or service address we confirm to you in writing when you notify us (goods must not be sent to the registered office). Do not send goods back without contacting us first; freight deliveries to the wrong address or without notice may be refused.
2. Who has a right of return
Consumers. If you are a natural person buying for purposes outside your trade, business, craft or profession, you have a statutory right to withdraw from a distance contract within 14 days without giving any reason, under the Polish Act on Consumer Rights of 30 May 2014 (ustawa o prawach konsumenta), which implements Directive 2011/83/EU. If you live in another EU or EEA country, the mandatory consumer protection rules of your country of residence also apply and are not reduced by this policy.
Sole traders buying outside their profession. Under Article 7aa of the Act on Consumer Rights, a natural person running a business (registered in CEIDG) who buys from us under a contract directly related to their business is treated as a consumer for the purposes of the right of withdrawal, non-conformity of goods and unfair terms, provided the contract is not of a professional character for them, judged in particular by the registered scope (PKD codes) of their business. Example: an accountant who buys a small generating set for a home office is likely covered; an electrical contractor who resells or installs generating sets is not.
Business customers. Companies, partnerships, public bodies and sole traders buying within their professional activity do not have a statutory right of return. Section 7 explains what applies to them.
3. Goods that cannot be returned
Under Article 38 of the Act on Consumer Rights, the right of withdrawal does not apply to certain contracts. The following categories sold by ElectroQuell are excluded from return:
- Custom-built and configured goods (Article 38(1)(3)). Generating sets, canopies, trailers, control systems, fuel systems and accessories that are non-prefabricated, manufactured or configured according to your specification, or clearly adapted to your individual needs. This covers, among other things: a genset built to order in a chosen power rating, voltage, frequency or engine variant; sets with a customer-specified controller, ATS, sound-attenuated canopy, extended fuel tank, colour, branding, cable set, trailer or paralleling equipment; and any set modified at your request after order.
- Goods that have been put into service. A generating set that has been fuelled, connected to a load and operated beyond a brief functional test is no longer in the condition of a new product and its nature does not allow it to be returned as new. Where the right of withdrawal still formally applies, we will deduct the diminished value in accordance with Article 34(4) of the Act on Consumer Rights (see section 6).
- Sealed consumables and fluids (oils, coolants, filters, batteries, additives) whose seal has been broken after delivery, where they cannot be returned for health or hygiene reasons.
- Services already fully performed with your express prior consent, such as installation, commissioning, training or repair that was completed before the 14-day period ended, where you acknowledged that you would lose the right of withdrawal on full performance.
Before you place an order for a custom-built or configured product, we tell you on the product page or in the quotation that the product is made to your specification and that the right of withdrawal does not apply to it, and we ask you to confirm this in the checkout or by accepting the quotation.
Standard, stock-configuration products (for example a stock 60 kVA Perkins set in standard equipment, or spare parts and accessories sold from stock) remain returnable under section 4.
4. How to return goods (consumers and sole traders treated as consumers)
4.1 Withdrawal period
You have 14 days from the day on which you, or a third party other than the carrier indicated by you, took physical possession of the goods. If your order is delivered in several lots, the period runs from the day you received the last lot. To meet the deadline it is enough that you send your withdrawal notice before the 14 days expire.
4.2 How to notify us
Send an unequivocal statement that you withdraw from the contract, by e-mail to info@electroquell.de or by post to our registered address. You may use the model withdrawal form in Annex 1, but this is not compulsory. Please include your order number, the invoice number, your name and the address used for the order, and your bank details if you paid by bank transfer. We will confirm receipt of your withdrawal by e-mail without delay.
4.3 Sending the goods back
You must send the goods back or hand them over to us without undue delay and in any event no later than 14 days from the day you notified us of your withdrawal. The deadline is met if you dispatch the goods before the 14 days have expired. Because generating sets, trailers and larger accessories are palletised freight, we ask that you:
- contact us before shipping so that we can confirm the return address, the pallet and packaging requirements and a delivery slot at our premises;
- return the goods drained of fuel in accordance with the carrier's dangerous-goods rules, with the battery disconnected and terminals insulated;
- pack the goods so that they are protected in transit, preferably in the original packaging and strapped to a pallet;
- use a carrier that provides proof of collection and delivery, and keep the proof.
On request we can arrange collection by our own logistics or a freight partner at your cost; we will quote the cost before booking.
5. Return costs
You bear the direct cost of returning the goods. For goods that cannot normally be returned by post because of their size or weight, the law requires us to state the cost or a reasonable estimate in advance. Indicative return freight costs from within Poland and the EU to our premises are:
| Product type | Typical weight | Indicative return cost |
|---|---|---|
| Spare parts, filters, small accessories (parcel) | up to 30 kg | EUR 10 to 40 |
| Portable / small generating sets (single pallet) | up to 500 kg | EUR 120 to 350 from Poland; EUR 250 to 600 from other EU countries |
| Canopied generating sets 30 to 100 kVA (pallet or crate) | 500 to 1,500 kg | EUR 250 to 600 from Poland; EUR 450 to 1,200 from other EU countries |
| Generating sets above 100 kVA and trailer-mounted sets | over 1,500 kg | Quoted individually before dispatch; typically EUR 600 to 2,500 depending on distance and lifting equipment required |
Returns from outside the EU are quoted individually. These are estimates based on current carrier tariffs and may differ from the actual cost charged by the carrier you choose. If you choose a delivery method other than the cheapest standard delivery we offer, we do not refund the additional delivery cost.
6. Refunds
We refund all payments received from you, including the cost of standard delivery to you, without undue delay and no later than 14 days from the day we received your withdrawal notice. We may withhold the refund until we have received the goods back or until you have supplied evidence of having sent them back, whichever is earlier.
We refund using the same means of payment you used for the original transaction unless you expressly agree otherwise; you will not incur any fees as a result of the refund. Refunds to PayPal or a payment card are made to the account or card originally used.
You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. For a generating set this means a visual inspection and, at most, a brief start-up without load. Operating the set under load, accumulating running hours, fuelling it with fuel other than that specified, installing it permanently, or damaging paintwork, canopy or controls will result in a deduction from your refund equal to the loss in value, which we will document and explain to you in writing.
7. Business customers
Sales to companies, partnerships, public bodies and sole traders acting within their professional activity are final. There is no right of withdrawal or return without reason. This does not affect your rights under our commercial warranty or any agreed contractual remedies for defective goods.
As a goodwill measure, we may accept the return of unused, stock-configuration goods in original packaging within 14 days of delivery if agreed in writing beforehand. Such returns are at your cost, are subject to inspection on arrival, and a restocking fee of 15% of the net invoice value may be deducted from the credit note. Custom-built or configured goods, goods that have been put into service, and goods bought under a project-specific quotation are not accepted for goodwill return.
Cancellation of an order for a custom-built generating set after production has started is governed by the Terms and Conditions of Sale (section on order cancellation) and may involve a cancellation charge reflecting work done and materials committed.
8. Faulty, damaged or incorrect goods
If the goods arrive damaged, are incomplete, do not match your order, or develop a fault, this is not a return under this policy but a complaint under our Warranty and Complaints Policy. In that case we bear the cost of return transport, repair or replacement. Please note visible transport damage on the carrier's delivery note at the time of delivery and inform us within 3 working days with photographs; this helps us claim against the carrier and does not limit your statutory rights.
9. Contact
Returns and refunds: info@electroquell.de · +49 176 82370794 · Monday to Friday, 08:00 to 16:00 CET. For consumers in the EU, the European Consumer Centres Network (ECC-Net) offers free assistance with cross-border disputes; in Poland, see section 13 of our Terms and Conditions of Sale for out-of-court dispute resolution options.
Annex 1. Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Wensday Invest Sp. z o.o., ul. Święty Marcin 29/8, 61-806 Poznań, Poland, e-mail: info@electroquell.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
________________________________________________________________
Ordered on (*) / received on (*): ______________________
Order number / invoice number: ______________________
Name of consumer(s): ______________________________________
Address of consumer(s): ____________________________________
Bank account for refund (if paid by bank transfer): ____________________
Signature of consumer(s) (only if this form is notified on paper): ______________________
Date: ______________
(*) Delete as appropriate.